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(영문) 인천지방법원 2014.12.10 2014고단7409
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2014, at around 02:45, the injured Defendant: (a) sought an order for alcohol at the E-ju store operated by the victim D (n, 48 years of age) in Gyeyang-gu Incheon Gyeyang-gu, but the victim’s business was finished; (b) the victim’s face was humped with the victim’s face; (c) the victim’s hump was humped with the victim’s hump; (d) the victim’s hump was humped with the victim’s hump; and (e) the victim hump hump was fumped with the victim’s humbow

2. The Defendant violated the Punishment of Violences, etc. Act (joint injury) was assaulted against the said D at the above date, time, and at the above place, when the victim F (the age of 47) reaches one time on the face of the victim on the ground that the victim F (the age of 47) flows, G continuing the Defendant’s fright, and H put the victim’s arms, and the Defendant took the face of the victim on the part of his chest due to drinking and launching.

As a result, the Defendant, in collaboration with G and H, inflicted injury on the victim, such as a cerebral ley ground and a scarke wall that requires treatment for about 21 days.

3. On August 23, 2014, at around 02:00, the Defendant: (a) destroyed the property damage, and the structure intrusion on the E-State store; (b) destroyed the entrance door of the corrected main entrance to the lower part of the Defendant’s cellular phone and the inside of the said main store, which was set up by the instant main store in the preceding case; and (c) opened the entrance and intruded the structure into the main store to the extent that the repair cost is equivalent to 300,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of G and H:

1. Each police statement made to F and D;

1. A written diagnosis for each injury (investigative records, the number of pages 43 through 45);

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the point of injury), Articles 2 (2) and (1), 257 (1) of the Punishment of Violences, etc. Act (the point of joint injury), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and Article 366 of the Criminal Act: Each of them;

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